out for herself. [ barbara boxer ] i'm barbara boxer and i approve this message. your realtime captioner is linda marie macdonald. caption colorado, l.l.c. comments@captioncolorado.com good morning. the state's first execution in five years delayed. what a judge is being forced to reconsider. and a 6-year-old girl shot while she slept just a few hours ago. several bullet holes in the house. we'll have a live report. and it's only september. but we're talking about tax time. the major change the irs is making about your papers. good morning to you, it's tuesday, september 28. i'm juliette goodrich. sydnie is off this week. it's going to be another hot one today. let check in with tracy to find out what we can expect. >> yesterday a new record high temperatures across the bay area. today more record heat expected. strong high pressure system

giving us more triple-digit highs. also gave l.a. yesterday los angeles hit his highest temperature ever since 1877 they hit 113 degrees. so to more record heat is also again in our forecast. we'll take a look at some of those hot temperatures coming up. in the meantime, here's a look at your traffic. >> thank you, tracy. an accident record eastbound 580 at first street near livermore so we are continuing to follow that accident. we'll give you more details in the next traffic hit. this new problem in pinole. eastbound at pinole valley road. there is an accident involving a car hitting a light pole not blocking lanes and no delay to track which is the good news there. and the earlier problem westbound 80 at san pablo dam road has been cleared as well so it should be a nice trip down towards the bay bridge toll plaza. back to you. >> thank you. topping our news this morning, a 6-year-old girl shot while sleeping in her bed.

it happened early this morning in oakland. anne makovec joins us from children's hospital where the girl is being treated. anne. >> reporter: she is six years old and her name is leslie ramirez, here at children's hospital right now after being shot in the arm while she slept at 2:15:00 a.m. this morning. these are pictures of the home where this happened on seminary avenue. we counted about 20 bullet holes on the side of the home and also in the window. apparently at least one of the bullets entered the home, hit the little girl in the arm as she slept in her bed, and then was lodged in her chest. that is according to her sister. likely more than one shooter involved in this according to police. here's what the sister has to say. >> we were all sleeping and i heard like a lot of gunshots and then i woke up and i -- i heard my mom crying and

screaming and then she had my little sister, so i asked like if they were okay. then i seen my little sister, she was really bleeding from her arm. so i called 911. >> reporter: nobody has been arrested in this case. police also told us that there was a similar incident some sort of shooting at this home about a month ago. they believe this was gang- related. 6-year-old leslie ramirez here at children's hospital. she is expected to survive. that's the one piece of good news here. >> it is. thank you, anne makovec in oakland. we are following some breaking news right now. want to show you some live pictures. this is out of los angeles. here's what we're learning. there was an underground electrical vault explosion shattering windows and cutting power to a 15 story medical building. so far, no reports of any

injuries. investigators have been called in to examine the building and we will continue to follow this story throughout the morning. and you can look for updates on this on our website, cbs5.com. federal investigators are looking into the possibility of a link between a power failure and this month's explosion and fire in san bruno. the electricity outage in milpitas affected pg&e's natural gas pipeline system just hours before part of it exploded in san bruno's glenview neighborhood. local congresswoman jackie speier says it was likely a combination of several factors that led to the blast which killed 7 people and destroyed 37 homes on september 9. the disaster will be the focus of a u.s. senate hearing today in washington. and this morning, california's first execution in five years is delayed by legal issues. albert greenwood brown was supposed to die just after midnight. but the governor delayed the y pushing it back to -- delays

the execution pushing it back to thursday night. he wants all legal options to be considered. the judge involved in the death penalty case must reconsider a crucial ruling. late last night a federal appeals court said judge jeremy fogel made a mistake by offering the inmate a one-drug legal injection or a three-drug cocktail. now, the court said offering a choice is not consistent with california law. and later today, we will get a better snapshot in the race for california governor. it is the first debate between democrat jerry brown and republican meg whitman. they will square off in oakland with two more debates in the future. a recent poll shows brown with a slight lead over whitman, but it's within the margin of error. also two earthquakes on the hayward fault shook the east bay last night. did you feel it? both quakes had a magnitude of 2.0. the first struck just before 6:00 p.m.

the second quake centered near hayward struck a few hours later. all right. a lot of questions but no answers after two men armed with rifles stroll into a bay area airport. surveillance video shows the men actually walking into the terminals at mineta san jose international airport saturday. they were from lawrence livermore labs and they came to pick up a colleague. while they didn't cause any harm, they should have called the airport ahead of time. >> actually it's good police work that if you are a law enforcement officer and you are on someone else's territory that you want to check in so that you can work together minimize the chances for misunderstandings. >> no one reported the unusual visit for more than 24 hours. san jose police have started an internal review. 6:06. let get another check of our hot weather and traffic. first we are going to check in with elizabeth. >> hey, we are checking to see if there are any hot spots around the bay area and one of

them is highway 4. definitely starting to slow down now in the westbound lanes from about a street towards somersville. speeds pick up closer to pittsburg and bay point. overall so far, so good out of downtown san jose, northbound lanes of 280. there is an accident though reported by the los altos hills northbound 280 by magdalena. an accident there involving a deer. sounds like the deer may still be in lanes but chp and most of the activity is off to the shoulder so it is still early of course not causing any huge delays through the area. this is an accident i mentioned in my last report, eastbound 580 at first street in livermore. don't have much details about it other than that. it is going against the commute. westbound 580 is where it is a little slow and 17 minutes from the altamont pass towards the dublin interchange. that's a check of your traffic. here's tracy with your forecast. hey, thanks, elizabeth. it's going to be another hot one today. headed out the door, this will be the coolest time of the

entire day. clear start inland with temperatures ranging from the mid-50s to the mid-60s and around the bay, temperatures up to just shy of 70 degrees this morning? 62 to 68. it is clear. and it is definitely mild. partly cloudy conditions for the coastline with a few areas of fog with temperatures in the lower to the mid-50s. so if we're going to start off with mild temperatures, we're going to end up with another day of hot temperatures. up to 104 degrees inland. it is again another "spare the air" day. around the bay, temperatures ranging from the mid-80s to the lower 90s. we did have a record high temperature in san francisco yesterday of 93 degrees. today not expected it to be so hot in the city but inland will be as warm. mostly sunny at the coast in the 70s. more hot temperatures and your seven-day forecast, how long will this heat stick around? i'll let you know in just a few moments. that's a look at your weather. back up to you. >> something most kids will dread, the push to improve grades nationwide. plus a shake-up at the white

house. the critical move the chief of staff could take this week. breaking down the stand-up act. the new rules under a proposed driving law for teenagers. promise me low prices.

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morning. a key figure... under president obama... could be heading for the exit. rahm emanuel... who's the chief of staff... is eyeing a run for the mayor a key figure under president obama could be heading for the exit. rahm emanuel the chief of staff is eyeing a run for the mayor of chicago. an announcement could be made as early as friday. >> two years people start to leave, burn out, work hard, and they get jobs they can't refuse on the outside. >> emanuel says he is still considering the impact the decision would have on his family. your kids may not be so happy to hear about this, but the feds are furnishing for a longer school year. students in the u.s. are lagging behind their foreign counterparts especially in math and science. one of the biggest issues is money and whether districts can afford it. this year your tax forms won't be in the mail, nope. the irs has decided to stop going postal because so many people now file online. the move is expected to save about $10 million a year.

people can still get paper forms from the irs website library or post offices. 6:13 now. if you have heard the phrase, it runs in the family, why you might blame your parents for migraine headaches. plus, running on a cup of joe? the three careers where coffee is needed to survive the workday. ,,,,,,,,,,,,

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here's a look at some of today s top stories... a six-year back to livermore, they changed the location of this crash. it is in the commute direction causing slow traffic. westbound 580 at first street. you can see some speeds hovering just below 25 miles an hour. it sounds like lanes are likely blocked. wayne with the kcbs phone force tells us traffic is back to the altamont pass. drive time there hefty 19 minutes on the altamont pass to the dublin interchange. a water main break reported at 5:00 this morning eastbound 92 before 880. as you come off of the san mateo bridge, chp still out there directing traffic. there was an accident reported in the same area. so watch out for that. they are waiting for caltrans crews to arrive. we'll continue to follow

traffic. in the meantime, tracy is following your forecast this morning. >> our forecast for today is going to be another hot day across the bay area. clear started inland in the 50s and 60s. at the bay clear and mild, 62 to 68 degrees. yeah, not much cooling off in the overnight hours. and that's why we're expecting another hot day for the bay and inland. at the coast partly cloudy, areas of fog, morning temperatures in the lower to the mid-50s. later on today the coastline up to the mid 70s. so mostly sunny and mild. around the bay, sunny and very warm. up to 92. and today, again, inland up to 104 degrees. i know. another hot day and another day with more record heat upon. today's close to the mark.

forecasting 103 in santa rosa, 97 in san rafael, 98 in san jose, and i put san francisco on there because yesterday san francisco hit 93. today we're forecasting 89. but if that wind and the breeze comes in a little later in the day, we could see the 90s again. so i'm going to put it in there. here's a look at today's highs. 103 in morgan hill, 98 san jose, 102 in los gatos, upper 90s from redwood city to los altos. east bay location another hot day for you guys with 101 in concord, 102 in antioch, 102 in dublin and 104 out of livermore which is hotter than yesterday. just along the bay 90 in berkeley, 92 in oakland and 93 in hayward. north bay location, 97 san rafael, triple digits from santa rosa, petaluma, sonoma and 99 in napa. another hot one. tomorrow, temperatures will cool off for the entire bay area. we will continue to cool down thursday, friday, saturday, sunday and monday. if you're in petaluma, you're

looking for ways to beat heat there is a cooling center located at 320 north mcdowell boulevard. it will be a nice air- conditioned room and you can bring small pets except reptiles. that's a look at your weather. back to you. >> thank you. that's good clarification there. no reptiles. [ laughter ] >> that's what it says. >> all right. thanks, trace. time now is 6:19. here's a look at some of our top stories. a 6-year-old girl is being treated for gunshot wounds on her home early this morning. police say more than one person opened fire on a house on seminary avenue. the girl was struck while sleeping in her bedroom. her injuries are not considered life-threatening. the san bruno explosion is the focus on capitol hill today. california senators will testify at the hearing. they are pushing to double the number of pipeline inspectors and increase the penalties for safety violations. the execution for a death row inmate is scheduled for thursday night. albert greenwood brown is

supposed to die just after midnight but the governor pushed it back allowing for all legal options to be considered. and get ready for the big one. quake prediction.com says a magnitude 7 quake will hit southern california sometime this week! the most affected areas will include the salton sea and the los angeles area. they say four shocks could begin as early as today. and the owner of the segway company was found dead in england apparently in a crash that involved his own two- wheeled vehicle. police are calling the death of james hagel ton a tragic accident. 6:20 now. still ahead, why migraine headaches could be switched off. and tougher rules ahead for the teen drivers. the new restrictions and you the "standup act." this morning.. [ male announcer ] barbara boxer.

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ons on your kids another hot day across the bay area. later today alameda at 92. 100 in pleasant hill. 102 in antioch and 104 in pleasanton. more hot temperatures in bay area cities coming up. this morning tougher regulations on kids' toys. governor schwarzenegger has signed a bill limiting the amount of cadmium that can be

used. it's a toxic metal that investigators say was substituted for lead. state lawmakers were concerned that children could suffer long- term poisoning if they clued on toys with this chemical. parents, safety advocates and lawmakers will be on capitol hill today to push for something called the "standup act." the goal is to further restrict teenaged driving. supporters including relatives of car crash victims claim that the proposal could claim more than 4,000 lives a year. >> i think the driver in that car that she was with were distracted. cell phones all over the ground. >> under the "standup act" drivers would have to be 16 to get a permit and 18 for a full license. teens would have to be supervised while driving at nice until they are 18. cell phone use will be strictly prohibited while behind the wheel and teen drivers would be allowed only one friend in the car under 21.

opponents of the plan say it would be unfair to save drivers. if you suffer from migraines it might be from a faulty gene. when a gene called tresk is defective it can trigger the headaches. the discovery could lead to a drug that targets the gene and prevents migraines or even turns off the pain completely. if coffee could get rid of those migraines, a lot of people would be pain-free. there is a new survey out one out of three americans say they depend on a company of joe to survive the workday. the ones who need it most, nurses, doctors and hotel workers. the 49ers have a new offensive coordinator after firing jimmy raye.

>> prompted by your superiors here? >> one thing i want you to understand, if i make a decision, it's my decision. >> raye was fired because the 49ers rank second-to-last in points scored and the team is 0- 3. quarterback coach mike johnson takes over for raye. johnson is the sixth offensive coordinator in six years. 6:26 now. coming up a glimmer of hope for two berkeley grads detained in iran. who is in the country today pushing for their release. plus, you're speaking out on state lawmakers. the surprising numbers on their approval ratings when we come back. and a 6-year-old girl is shot as she sleeps in her bed overnight. we will hear from her sister, tell you what happened coming up next. and busy at the bay bridge toll plaza. check that out. because the metering lights were turned on. we'll give you an update on that plus a look at your hotspot your westbound 580 ride through livermore after the break. ,,,,,,,,

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goorich.. sydnie is on vacation. there could be some more record-breaking temperatures to ave weather good morning. it's tuesday, september 28. i'm good good. sydnie kohara is on vacation. there could be more record- breaking temperatures today. we'll have traffic and weather in just a minute, but first, a 6-year-old girl hit by gunfire

while asleep in her bed happened early this morning in oakland. anne makovec joins us from children's hospital, where the girl is now recovering. anne. >> reporter: such a sad story, juliette. police say they believe she is going to be okay but some significant injuries. she was shot in the upper arm. her name we're told is leslie ramirez a 6-year-old girl. we have some pictures of the home where this and around 2:15:00 a.m. on seminary avenue. it's near international boulevard in oakland. we counted about 20 bullet holes in the house and the window and that's the window where the little girl was sleeping in her bed when the shots were fired. they hit her in the arm and the bullets lodged in her chest according to her sisters. police believe there was more than one shooter involved. here's what her sister last to say. >> like she was crying. she say we needed to move out. she didn't want her to come

back in here no more. >> reporter: it's very alarming that this family was inside asleep. it appears to be targeted and it's extremely unfortunate that a 6-year-old child was hit while asleep. >> reporter: though no one has been arrested in connection with this incident, it apparently according to police there was some other shooting at that house about a month ago. police believe this was all gang-related. the victim again a 6-year-old girl now being treated here at the children's hospital in oakland. juliette? >> we'll follow her recovery. all right, anne makovec in oakland, anne, thank you. nine people are without a home this morning and three in the hospital after a fire in bay point. the fire broke out about 11:30 last night on the 200 block of madison. firefighters found the house covered in flames with cars in the driveway on fire, as well. a young man who lives nearby

describes the flames as large. his grandmother lived in that house. >> they're big. pretty sure that's what hell looks like. and it's heart stopping. i mean, just to see the way the flames came out the front door to the windows, seeing the suv on fire. >> everyone was able to to get out of the house before firefighters arrived. three people were taken by ambulance to county regional medical center in martinez. their conditions are unknown. well, no damage reported this morning after two earthquakes in the east bay. the first struck last night on the hayward fault. the second quake centered near hayward struck just a few hours later. federal investigators are looking into the possibility of a link between the power failure and this month's explosion and fire in san bruno. the electricity outage in milpitas affected pg&e's natural gas pipeline system just hours before part of it

exploded in the glenview neighborhood. jackie speier says it was likely a combination of several factors that led to the blast which killed 7 people and destroyed 37 homes on september 9. the disaster will be the focus of a u.s. senate hearing today in washington. all right. we're talking about the temperatures heating up. triple digits. we are going to go to tracy in the weather center to talk about all this hot weather especially inland. >> especially inland and we're talking about all this hot weather at an unusual time of the year. we're in fall! 102 today in fairfield. another hot one out there. 102 in antioch. 104 in pleasanton. 96 in benicia. 92 in oakland. 93 in hayward. and 98 degrees in san jose today. could see a new record high in san jose. 98 in santa clara, 72 in half moon bay. head to the coastline, that's where it's going to be cooler. 89 in san francisco down from the 90s yesterday. and 100 degrees in sonoma and 103 in santa rosa. so that is two days of triple-

digit heat. are there more hot days in our forecast? we'll look at your seven-day forecast coming up. in the meantime for your traffic, here's elizabeth. >> more sleepless nights in other words? >> possibly. >> all right. let's go out to cotati one of our hot spots. southbound 101 earlier accident cleared, jammed from 116 to the brake check area. this is cleared out of lanes as well in livermore. westbound 580 approaching first street. still slow but not as bad as 10 minutes ago. here's a look at your drive time. 20 minutes now westbound 580 from the altamont pass out towards the dublin interchange. and at the bay bridge metering lights are turned on around 6:20:00 a.m. so we have been seeing this backup grow and grow. it's backed up almost to the 880 over crossing now so a good 15-minute wait to get you on the bridge and then you're good to go heading into san francisco. it's a "spare the air" day so you're encouraged to use mass transit. everything is running on time. back to you. >> thank you.

governor schwarzenegger has briefly delayed the execution of a convicted killer but there may be even more delays. albert greenwood brown is now scheduled to be put to death thursday night at 9:00. he raped and killed a 15-year- old girl in riverside. meantime the victim's brother is recalling how he was just 7 years ago old when his older sister susan louise jordan vanished in 1980. >> i remember getting in the truck with my father and driving up and down the -- [ pause ] [ crying ] >> driving up and down the streets, you know, calling her name. [ pause ] >> yesterday, the ninth circuit court of appeals ordered a san jose federal judge to reconsider his ruling in the case. judge jeremy fogel had given brown a choice between a one- drug lethal injection or a three-drug cocktail. the appeals court says that was

an undue burden. a volunteer firefighter in the bay area is in critical but stable condition this morning. he touched a downed power line in sonoma county. he was one of about 30 firefighters who tackled a fire in bodega on saturday. the fire burned 98 acres and destroyed two cars and an outbuilding. he is expected to stay in a san francisco hospital for two weeks. and the defense department confirms that two soldiers including one from stockton were killed by a fellow service member in iraq. army specialist john correo of stockton was shot to death in fallujah last thursday. he was 20 years old. his family says they have not heard the whole story yet from defense, but they say information from what they call other sources indicate he was trying to stop a rampage inside an army barracks. iran indicated for the first time that oman is playing a role in trying to secure the

release of two american hikers. shane bauer and josh fattal have been held for more than a year accused of spying after straying across the border from iraq. well, today a spokesman for the iranian foreign ministry confirmed indirectly that an oman delegation is in iran. when asked about reports of the visit and its purpose, the spokesman did not deny it. he said, "delegations from various countries travel to iran." and the battle to become california's next governor has mostly been fought through television ads but today, the top two candidates will lock horns for the first time. the debate will feature democrat jerry brown and republican meg whitman, who is a political newcomer. cbs 5 political analyst james taylor says that could work both ways for her. >> jerry brown is a given, a known factor for californians. she has to overcome that, she has to convey to them that she is someone that is on their

side, that she is in every way committed to the advancement and improvement of the state of california as jerry brown. >> taylor says brown could tout his political experience and his track record as governor and mayor of oakland. but he has to count on people being impressed with that track record. tonight's debate is the first of three scheduled debates between the two. the tea party express is hitting the road. the california-based committee will begin a national tour of rally voters. among the stops, california, texas, and new jersey. the group has helped several underdogs claim senate victories. approval ratings for state leaders are at an all-time low. california voters have given them some of the lowest marks ever. results of show 10% of registered voters actually approve of how the 120 members of the legislature are doing their jobs.

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out to hayward we have been watching a water main break since 5:00 a.m. caltrans crews finally arrived on scene so they are trying to drain the water. broken water pipe right there eastbound 92 on 880. chp directing traffic around it. blocking line half a lane. slow through the area. slowest bound 580 at north first street. an accident is cleared out of lanes on the freeway but it jams things up for this ride out of the altamont pass. 21 minutes now on westbound 580 from the altamont pass towards the dublin interchange. another slow spot highway 4 where it is always slow at this time of the morning etch just through antioch from a truth is -- especially through antioch

from a street through somersville road. from oakland across the nimitz, you can see oracle off in the distance, these taillights northbound traffic heading towards high street. eastcy on 238 to the macarthur maze. southbound heavy but picking up towards oakland airport. so far, so good in the south bay. no major issues northbound 280 traffic, heading out of downtown san jose. nice ride all the way towards cupertino. and at the bay bridge toll plaza, typical fall traffic pattern. metering lights are on for a half hour. piptypical commute into san francisco from the east bay. remember our radio partners, kcbs 740-am and 106.9-fm. that's a check of your traffic. here's tracy with your forecast. hey, thanks, elizabeth.

>> that's hot! >> did i say it right? >> that's right. >> we're mimicking paris hilton who always says "that's hot!" and this forecast is hot, as well. here's a look at the coastline this morning. ocean beach is the place to be along the coastline. for the morning, temperatures in the 50s but for the afternoon, the 70s. it will be the coolest spot around the bay area. for this morning, heading out the door, coastal locations partly cloudy with just a few areas of fog. clear and mild for the bay and inland with temperatures from the mid-50s well inland to as mild as the upper 60s. yeah. it's going to be another hot one. we start off with mild temperatures. we'll end up with hot temperatures. around the bay up to the lower 90s, inland today up to 104. yeah, it's hot and temperatures around the bay in the mid-70s. here's a look at some locations that could see record temperatures. santa rosa hit a record yesterday. san francisco had a record high and today these four location could also see you in record highs. 103 is what we're forecasting in santa rosa. 97 san rafael which is close.

98 san jose. and 89 in san francisco. three degrees off of the record high for today's date but with the winds, you never know across the bay area so we'll keep it in there just in case. 10 in morgan hill, 96 in sunnyvale, 94 in nature is. 74 pacifica. triple-digit heat from concord down to livermore. north bay locations 97 in kentfield and triple digits heat from santa rosa petaluma sonoma and 99 in napa. we'll continue to cool down through sunday. that's a look at your weather. back up to you. >> thank you. santa clara county supervisors today are expected to opt out of a federal immigration enforcement program. matt bigler joins us from san jose to explain it. good morning, matt. >> reporter: good morning to

you. yeah, we're talking about the secure communities federal immigration fingerprint program which has been in the news quite a bit recently. it basically allows federal immigration authorities to access the fingerprint data from suspects who are arrested at the local level. if those fingerprints come back and they are identifying someone mo is in the country illegally -- someone who is in the country illegally, they can deport them. critics say those who are deported are arrested for minor violations like running a traffic like and then they are deported. we talked to santa clara county supervisor dave cortezcy about this. he says that too often immigrant families are being split apart by secure communities. >> we have children who are here who have a right to be here. we have children who are in school have a right to be in school and they are suddenly separated from one or both of their parents. it creates a burden on the system. >> reporter: after that the county has to pay for the support of those children who are left behind.

now, santa clara county supervisors are expected to vote this morning about 9:30 to opt out of secure communities. san francisco county is also trying to do that. we want to note that supporters of the program say it's a commonsense way to identify illegal immigrants who are also possibly violent offenders and have them deported from the country. i'm matt bigler in san jose for cbs 5. >> thank you. the makers of the blackberry are out with a new tablet device. jason brooks with kcbs and cbsmoneywatch.com has more on the business headlines this morning. >> good morning. >> good morning, juliette. we saw bay area home prices rise a little bit more in july than they did in june according to the home price index, up .5% as opposed to .3% in june. in the 20-city average, it was up a little more at .6%

although the bay area had a bigger year-over-year rise of at 22%. in july we saw home prices fall nationally by 27%. a little bit of a pickup in august but we're seeing many markets around the country start to lose their edge in prices as sales around the country fall back a little heading into the fall. it's going to be hard for the housing market to maintain its current prices even though mortgage rates have been at traditionally low rates for quite some time now. stock market is a little lower right now. we are going to get a report on consumer confidence in a little bit. investors want to see what americans are feeling about when it comes to the economy. the dow is lower by 34 points. nasdaq down by 17. s&p 500 off by 4. blackberry maker research in motion has been really struggling with blackberry sales of late hoping to get into the tablet market with a device called the playbook. it's quite a bit smaller than the ipad with a 7" screen as

opposed to the ipad's 9.7." it's a little lighter and less than a pound as opposed to the pound and a half weight of the ipad. no word on pricing. research in motion won't get the playbook into stores until the early part of next year. so it's going to miss out on the holiday shopping season. investors aren't all that happy about that. right now, research in motion's shares are down a little more than 3% on that news. the ipad has sold at least 3 million in the first three months of sales for the ipad. and goldman sachs says that the next version. ipad probably won't come out until next june. that's a little later than some analysts had thought. they say it's probably going to weigh a little less but they will also probably have a built- in camera for people who want to use that for any of their picture taking abilities with the ipad, juliette. >> okay. jason brooks from jason brooks with kcbs and cbsmoneywatch.com. jason, thanks so much. it is 6:49. target stores are knee deep in

legal trouble for illegally dumping hazardous waste. alameda county judge has ordered the company to stop any illegal disposal of hazardous materials. according to the lawsuit, stores across the country regular lay throw bleach, pesticides, paint, aerosols and electronics directly into the trash. target says it follows a comprehensive waste disposal program that complies with california law. toys 'r us planned to double its work for this holiday season. the store will hire 45,000 employees to work in the smaller express stores. in the past they hired close to 35,000 seasonal workers. this year your tax forms won't be in the mail. the irs decided to stop going postal because so many people now file online. the move is expected to save about $10 million a year. people can still get paper

forms on the irs website, libraries or post offices. time now 6:50. when we come back, another check on today's triple-digit temperatures and when we'll see a cooldown. also, why governor schwarzenegger has delayed the execution of a convicted murderer. ,, hi! welcome to progressive.com. come on in, and i'll give you a free quote. quote and compare in about 8 minutes. now, that's progressive. call or click today. and stick to it. like seriously low prices. [ male announcer ] at safeway, we made a promise of low prices. and we're keeping it. [ female announcer ] with club card specials like beef cross rib roast, just $1.99 a pound and crystal geyser water only $3.99. i need to know that when i'm here, the low prices will be too. monday, tuesday, everyday. i'm a big fan of everyday. [ male announcer ] and with thousands of everyday low prices, you'll save all over the store.

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gunshot wounds... after an attack on her home early this morning. anne makovec joins us now from oakl a young girl is being treated for gunshot wounds after an attack on her home early this morning. anne makovec joins us from oakland to explain what happened. good morning, anne. >> reporter: good morning. she was just sleeping in her bed when this happened at around 2:15 this morning. a 6-year-old girl by the name of leslie ramirez, she is now here inside the oakland children's hospital being treated. taking ai look at the house where it happened, we counted about 20 bullet holes in the side of the house and in the window. that is the room where the little girl was sleeping. she was hit in the upper arm and the bullet then lodged in her chest according to the family members we spoke with. likely more than one shooter involved according to police. and they believe it was gang-

related. we were all sleeping and i heard like a lot of gunshots, and then i woke up and i -- i -- i hard my mom crying and screaming. and then she had my little sister. so i asked like if they were okay. and then i seen my little sister, she was bleeding from her arm. so i called 911. >> reporter: now this happened on the 16 block of seminary avenue just off international boulevard. police say there was a shooting incident there reported about a month ago, as well. nobody has been arrested in this case. again, a 6-year-old girl leslie ramirez recovering here at the oakland children's hospital. police do expect her to survive. juliette? >> thank goodness. anne makovec, anne, thank you. checking other top stories now, death row inmate gets another day to long island albert greenwood brown was supposed to die just after midnight but the governor delayed the execution pushing it back to thursday night. he wants to allow extra time

for all legal options to be considered. the san bruno explosion is the focus on capitol hill today. two california senators will testify at the hearing. under a new bill, they are pushing to double the number of pipeline inspectors and increase the penalties for safety violations. good morning. all right. things have quieted down quite a bit in the last 10 or 15 minutes. we had a couple of hot spots. all accidents cleared out of lanes. here's a live look at the san mateo bridge. this is the commute direction westbound 92. good go about 15, 15 minutes from hayward to foster city. other bridges, the golden gate bridge. that's coming up next. you can see the traffic is flowing fine as you head towards the toll plaza. and really southbound 101 looks okay from novato all the way down through san rafael towards the waldo grade heading towards the golden gate bridge. still a little slow through cotati where there was an earlier accident that's cleared

out of lanes. at the bay bridge toll plaza it's backed up to the foot of the may see, metering lights on now for almost 45 minutes. and if you are commuting home later on tonight there is a giants game over at at&t park. they take on arizona so hopefully they will stay in first in the race to the play- offs. tracy, are you impressed with my sports knowledge? >> totally. if i knew more about it, i could really be impressed. >> my producer gave me that info. [ laughter ] >> they get a game going on today. it is going to be hot today. here's a look out toward the bay bridge this morning. in the many clouds to talk about this morning. clear skies, mild temperatures and hot temperatures in store for the afternoon. up to 104 today inland. lower 90s around the bay and the mid-70s for the coast. wednesday tomorrow a definite cooldown expected for all locations. we will continue to cool down gradually thursday through saturday. and that's a look at your five- day forecast and seven-day

forecast. that's your weather. back up to you, juliette. >> can't wait until saturday. >> oh, yeah. >> thanks so much. almost turning 6:58 now. bells will be heard ringing around san francisco today. [ cable car bells ] >> oh, yes. it's for the 48th annual muni cable car bell ringing contest. it will be held at noon in union square. the nearly century old tradition will feature two competitions, one is for amateurs, including community representatives. our own roberta gonzales will be competing in that one. and another for the experts. cable car grip men and conductors. first place winners will receive a trophy and a grand prize bell. the mistress of ceremonies will be compete general debbie durst. all right. you have heard of the race for the cure. how about this, how about in high heels? more than 100 women in sydney, australia, took to the track in

stilettos. they are trying to raise money for the breast cancer foundation. after returning an 80-meter track, the women competed in a relay race. there is the handoff. [ laughter ] >> the winning team raised more than $9,000 and broke the world record for fastest relay race in stiletto heels and they are smiling at the end. they ran 80 meters in one minute and 4 seconds. try that one! got a story idea or comment you would like to share with us? email brian@cbs5.com. >> and check out brian's daily briefing weekdays at 11:00 on cbs5.com. he works all our story ideas behind the assignment desk and all of our crew down there. thanks for watching